BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW

Regular Suit No. of 2018

(Under Section 13B of Hindu Marriage Act)
Filed on: 08-01-2018
Fixed For: 14-07-2018

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of;
Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007
---------Applicant/Petitioner No. 1
AND

Smt Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New
Hyderadbad, Lucknow-226007
---------Applicant/Petitioner No.2

Application for waiving of cooling period as stipulated under section 13B(2) of the
Hindu Marriage Act,1955

That the Applicants/ Petitioners submit as under;

1. That the applicants/petitioners preferred to file the present suit for divorce by mutual
consent u/s 13-B of the Hindu Marriage Act, 1955 on 08-01-2018 upon which this
Hon’ble Court has been pleased to admit the same and directed to be presented before
the Mediation Centre.

2. That the applicants/petitioners appeared before the mediation center where the
mediation was also closed as cohabitation between the parties to the marriage is not
possible and they are living separately since more than 4 years and there was no chance
of coexisting with each other hence the mediation has been closed.

3. That due to living separately since more than 4 years and have plans to resettle their
lives and move forward separately as they both found better options hence there is no
possibility between the parties to the petition to restitute, mediate or cohabit in future
therefore expeditious dissolution of marriage is absolutely important for both parties for
their own better future.

4. That in view of the circumstances as stated above, the cooling period of 6 months as
stipulated under section 13-B(2) is liable to be waived off in the interest of justice of
both the parties to the petition.

Prayer

Wherefore, it is prayed that Hon’ble Court may graciously be please to waive-off the
minimum cooling/waiting period of 6 months as stipulated under section 13-B(2) of the
Hindu Marriage Act,1955 and pass the order and decree of Divorce by Mutual Consent
expeditiously.

The applicants/petitioners shall be grateful for this act of kindness.

Lucknow
Dated: Applicant/Pet. No. 1

Applicant/Pet. No.2
 BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW

Regular Suit No. of 2018

(Under Section 13B of Hindu Marriage Act)

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of;
Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007
---------Applicant/Petitioner No. 1
AND
Smt Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New
Hyderadbad, Lucknow-226007
---------Applicant/Petitioner No.2

Affidavit in support of the application for waiving of cooling period as stipulated under
section 13B (2) of the Hindu Marriage Act,1955

I, Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New
Hyderabad, Lucknow-226007, Presently R/o C-1093/4 Indira Nagar, Lucknow, the deponent
do hereby solemnly affirms and state on oath as under:

1. That the deponent is the petitioner No. 2, i.e. the wife in the above mentioned
regular suit and as such is fully conversant with the facts of the case as well as the
depositions made hereunder.

2. That the applicants/petitioners preferred to file the present suit for divorce by mutual
consent u/s 13-B of the Hindu Marriage Act, 1955 on 08-01-2018 upon which this
Hon’ble Court has been pleased to admit the same and directed to be presented before
the Mediation Centre.

3. That the applicants/petitioners appeared before the mediation center where the
mediation was also closed as cohabitation between the parties to the marriage is not
possible and they are living separately since more than 4 years and there was no chance
of coexisting with each other hence the mediation has been closed.

4. That due to living separately since more than 4 years and have plans to resettle their
lives and move forward separately as they both found better options hence there is no
possibility between the parties to the petition to restitute, mediate or cohabit in future
therefore expeditious dissolution of marriage is absolutely important for both parties for
their own better future.

5. That in view of the circumstances as stated above, the cooling period of 6 months as
stipulated under section 13-B(2) is liable to be waived off in the interest of justice of
both the parties to the petition.

(Deponent)
VERIFICATION
I, the above mentioned deponent do hereby solemnly affirm that the contents of Para
1 to Para 5 of this affidavit are true and correct to the best of my knowledge so help me
GOD.

Lucknow
Dated: January, 2017 (Deponent)

Verified today the ….. day of January 2017 at Family Court Compound Lucknow
 BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW

Regular Suit No. of 2018

(Under Section 13B of Hindu Marriage Act)

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of;
Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007
---------Applicant/Petitioner No. 1
AND
Smt Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New
Hyderadbad, Lucknow-226007
---------Applicant/Petitioner No.2

Affidavit in support of the application for waiving of cooling period as stipulated under
section 13B (2) of the Hindu Marriage Act,1955

I, Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal, R/o 432/21, Old
Hyderabad, Kala Kanker House, New Hyderabad Lucknow (U.P) 226007, the deponent do
hereby solemnly affirms and state on oath as under:

1. That the deponent is the petitioner No. 1, i.e. the husband in the above mentioned
regular suit and as such is fully conversant with the facts of the case as well as the
depositions made hereunder.

2. That the applicants/petitioners preferred to file the present suit for divorce by mutual
consent u/s 13-B of the Hindu Marriage Act, 1955 on 08-01-2018 upon which this
Hon’ble Court has been pleased to admit the same and directed to be presented before
the Mediation Centre.

3. That the applicants/petitioners appeared before the mediation center where the
mediation was also closed as cohabitation between the parties to the marriage is not
possible and they are living separately since more than 4 years and there was no chance
of coexisting with each other hence the mediation has been closed.

4. That due to living separately since more than 4 years and have plans to resettle their
lives and move forward separately as they both found better options hence there is no
possibility between the parties to the petition to restitute, mediate or cohabit in future
therefore expeditious dissolution of marriage is absolutely important for both parties for
their own better future.

5. That in view of the circumstances as stated above, the cooling period of 6 months as
stipulated under section 13-B(2) is liable to be waived off in the interest of justice of
both the parties to the petition.

(Deponent)
VERIFICATION
I, the above mentioned deponent do hereby solemnly affirm that the contents of Para
1 to Para 5 of this affidavit are true and correct to the best of my knowledge so help me
GOD.

Lucknow
Dated: January, 2017 (Deponent)

Verified today the ….. day of January 2017 at Family Court Compound Lucknow